Challenge Environmental Guard fines (waste & permits)

For companies and individuals who received a contravention report, fine, confiscation or measures after an inspection by the National Environmental Guard (Garda Națională de Mediu). We start by checking the documents, the appeal deadline (typically 15 days from service of the report, under Government Ordinance no. 2/2001) and the evidence, then we build a practical plan: court challenge, compliance steps and risk control.

The information is general and does not replace legal advice. The facts, documents and timeline matter.

When you may need this

You received an Environmental Guard contravention report with a fine related to waste management (collection, storage, handover, records).
The inspection alleges missing or inconsistent waste traceability (transport documents, registers, contracts, reporting).
You are accused of operating without an environmental permit or breaching permit conditions.
The authority imposed corrective measures with short deadlines (remedy, stop, comply) and you need a realistic sequence of actions.
The file mentions unlawful storage, abandonment, burning, unauthorised transfer or mixing of waste.
The report includes complementary sanctions (for example confiscation) or measures affecting operations, depending on the legal basis.
You were asked for clarifications or additional documents after the inspection and you need a coherent response.
You want to reduce repeat-exposure by documenting a compliance plan (procedures, traceability, internal controls).

What we do, in practice

We review the full set of documents: contravention report, annexes, photos, inspection notes, measure orders and the cited legal basis.
We confirm the deadline and the competent court for the contravention complaint under Government Ordinance no. 2/2001.
We identify legal vulnerabilities: competence, factual description, legal classification, proportionality, missing or weak evidence.
We build the evidence file: waste registers, contracts, permits, reports, internal procedures, transport and handover proof.
We draft and file the contravention complaint and the related requests (including on complementary sanctions, where relevant).
Where there are distinct administrative acts (separate measures/decisions), we assess whether administrative litigation tools under Law no. 554/2004 may be relevant.
We prepare the court strategy: key points, witnesses where useful, and technical evidence where necessary.
We help you document compliance steps (what was done, when, and with what proof) for follow-up inspections and risk reduction.

Documents and information useful for the first review

Document	Why it matters	Notes
Contravention report + annexes	Contains the alleged facts, legal basis, sanction and any measures	We check mandatory elements, signatures and service
Inspection notes, photos, recordings	Shows what was actually found during the inspection	Context and chronology are essential
Environmental permit(s) and related approvals	Defines the applicable regulatory framework and conditions	Validity and amendments history can matter
Waste records (registers, reports)	Traceability: quantities, codes, dates, operators and destinations	We cross-check with transport and handover documents
Contracts with authorised collectors/transporters/recyclers	Shows the legal waste circuit and responsibilities	We verify partner authorisations and contractual clauses
Transport and handover documents	Supports movement and transfer to authorised operators	We verify consistency across documents

Risks and common mistakes

Missing the 15-day deadline for the complaint (see Government Ordinance no. 2/2001).
Challenging without evidence (no registers, contracts or transport/handover proof).
Ignoring separate “measure” acts that may require a different approach, depending on their legal nature.
Confusing traceability issues with permit/authorisation issues (different rules, different defence points).
Implementing remedial actions without documenting them (you cannot prove what you did and when).
Inconsistencies between waste codes, quantities and handover documents.
Incomplete or inconsistent responses to authority requests, which can complicate the case.

FAQ

What is the deadline to challenge the contravention report?

As a rule, the deadline is 15 days from service of the contravention report, under Government Ordinance no. 2/2001, Article 31.

Can I challenge measures and not only the fine?

Often yes, but it depends on how the measures were imposed (within the contravention report as complementary sanctions, or through separate acts). The correct legal framing matters for the procedure.

If I fixed the issues after the inspection, does it still make sense to challenge?

It can, especially for legality and proportionality. The strategy depends on the evidence at the inspection date and on what the report actually states.

Where is the complaint filed?

Typically, the competent court is the local court (judecătoria), under the rules in Government Ordinance no. 2/2001.

What documents usually matter most for waste traceability?

Usually: registers/records, contracts with authorised operators, transport documents and handover/valorisation proof, consistent across the entire chain.

Can enforcement be suspended while the case is pending?

It depends on the type of act and the procedural route; where separate administrative acts are involved, the framework in Law no. 554/2004 may become relevant.